Accused sought to quash trial court order refusing admission of a pen drive containing party video for want of Section 65B certificate. High Court confirmed the order but allowed the accused to tender the video as defense evidence and recall examined witnesses solely for confrontation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
CRL.MC NO. 1798 OF 2023
CRIME NO.168/2022 OF CHERUTHURUTHY POLICE STATION, THRISSUR
IN SC NO.893 OF 2022 OF FAST TRACK SPECIAL COURT UNDER POCSO ACT,
WADAKKANCHERY
PETITIONER/ACCUSED:
ABHIJOSH
AGED 31 YEARS
THARIKKANNI HOUSE, CHITTILANCHERI, MELARKODE VILLAGE,
PALAKKAD, KERALA, PIN - 678704
BY ADV SARATH BABU KOTTAKKAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
BY ADV PUBLIC PROSECUTOR
SR PP - RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 7 th day of June, 2024
This Criminal Miscellaneous Case has been filed
under Section 482 of the Code of Criminal Procedure, 1973, seeking the following reliefs:
“I. Quash Annexure A1 order passed in Crl.M.P No 18/2023 in SC 893/2022 dated 16.02.2023 by the Fast Track Special Court (POCSO), Wadakkanchery to the extend where it states that the pen drive containing the video cannot be admitted in evidence and that the petitioner cannot be allowed to confront the video in the pen drive to the witnesses.
II. Allow the petitioner to produce the video contained in the pen drive and direct the court below to admit the same in evidence.
III. Allow the petitioner to confront the prosecution witnesses with the video contained in the pen drive.
IV. Grant such other and incidental reliefs as this Hon'ble court may deem just and necessary on the facts and
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circumstances of this case in the best interest of justice.”
the learned Public Prosecutor. Perused the relevant materials available.
Crl.M.C. No. 1798 of 2023
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Crl.M.C. No. 1798 of 2023
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7 . Accordingly, while conf i rming Annexure.A1 order, this Criminal Miscellaneous Case stands disposed of as above.
Registry is directed to forward a copy of this
order to the trial court, within three days, for information and further steps.
Sd/-
A. BADHARUDEEN JUDGE
SK
Crl.M.C. No. 1798 of 2023
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APPENDIX OF CRL.MC 1798/2023
PETITIONER ANNEXURES :
Annexure A1
THE CERTIFIED COPY OF THE ORDER IN
CRL.M.P NO 18/2023 IN SC 893/2022 DATED
16.02.2023 OF THE FAST TRACK SPECIAL
COURT (POCSO), WADAKKANCHERY
RESPONDENTS’ ANNEXURES : NIL
2 issues framed by the court
Can the accused confront prosecution witnesses with a video in a pen drive despite absence of a Section 65B certificate?
May witnesses be recalled for confrontation with defense electronic evidence?
1 provisions across 1 enactments
Abhijosh
State of Kerala
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court